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Nebraska Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached

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Attachment in legal terminology means a preliminary legal seizure of property to force compliance with a decision which may be obtained in a pending suit. Before a final judgment is issued, the court may order the sheriff or other proper officer to seize any property; credit, or right, belonging to the defendant, in whatever hands the same may be found, to satisfy the claim which the plaintiff has against him. In some states, an order of attachment can only be issued when a debtor is shown to be fleeing or concealing themselves from the legal process, so that the attached property can satisfy a judgment that may be awarded in the complainant's favor. In criminal law practice, it may refer to a writ requiring a sheriff to apprehend a particular person, who has been guilty of a contempt of court, and to bring the offender before the court.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Nebraska is a state located in the Midwest region of the United States. Known for its vast plains and agricultural industry, it is bordered by South Dakota, Iowa, Missouri, Kansas, Colorado, and Wyoming. Additionally, the state's diverse geography includes parts of the Great Plains, the Mississippi River, and the Sand hills. Nebraska offers various outdoor recreational activities such as fishing, hiking, and hunting, and it is home to beautiful natural attractions like Chimney Rock and Scott's Bluff National Monument. In legal proceedings, a Motion for Release of Property from Levy in an Attachment Proceeding Due to Excess Amount Attached is a formal request made to a court in Nebraska. This motion is filed when a party believes that an excessive amount of their property has been attached or seized by the opposing party during a legal dispute. The motion argues that the amount of property attached exceeds what is necessary to satisfy the alleged debt or claim. Different types of Nebraska Motions for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached could include: 1. Real Estate Motion for Release: This type of motion is specifically related to the release of real property from a levy or attachment proceeding. It may be filed when the value of the real estate seized is believed to be greater than the creditor's claim. 2. Personal Property Motion for Release: This particular motion focuses on the release of personal belongings or assets rather than real estate. It seeks to prove that the items seized surpass the necessary value to satisfy the claim or debt. 3. Financial Accounts Motion for Release: This Motion for Release applies to monetary assets held in financial accounts such as bank accounts, investment portfolios, or retirement funds. In this case, the moving argues that the funds flagged for attachment exceed the amount necessary to settle the alleged debt. 4. Vehicle Motion for Release: When a vehicle is seized as a result of an attachment proceeding, this motion could be filed to request the release of the vehicle. It is used to demonstrate that the value of the vehicle is greater than what is required to satisfy the creditor's claim. In conclusion, Nebraska is a charming state nestled in the heartland of the United States, famous for its vast plains and agricultural industry. When faced with legal disputes, individuals or organizations in Nebraska may file different types of Motions for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached if they believe that their property has been unjustly seized in excess. These motions can pertain to real estate, personal property, financial accounts, or vehicles, each with its own unique set of circumstances.

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How to fill out Nebraska Motion For Release Of Property From Levy In Attachment Proceeding Due To Excess Amount Attached?

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Section 25-202 - Actions for the recovery of title or possession of real estate or foreclosure of mortgages or deeds of trust as mortgages (1) An action for the recovery of the title or possession of lands, tenements, or hereditaments, or for the foreclosure of mortgages or the foreclosure of deeds of trust as ...

25-207. Actions for trespass, conversion, other torts, and frauds; exceptions.

No action at law or equity may be brought or maintained attacking the validity or enforceability of or to rescind or declare void and uncollectible any written contract entered into pursuant to, in compliance with, or in reliance on, a statute of the State of Nebraska which has been or hereafter is held to be ...

Actions for libel, slander, malpractice, and recovery of tax. The following actions can only be brought within the periods stated in this section: Within one year, an action for libel or slander; and within two years, an action for malpractice which is not otherwise specifically limited by statute.

(1) Each natural person residing in this state shall have exempt from forced sale on execution the sum of five thousand dollars in personal property, except wages.

25-21,274. Motor vehicle collision with domestic animal; principles applied. (c) The standard of care shall be ing to principles of ordinary negligence and shall not be strict or absolute liability.

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View Statute 25-532 Notice of judgment when property situated in more than one county. View Statute 25-533 Attachment and execution issued from another county; ... Creditors may attach property fraudulently conveyed, whether debtor is resident or nonresident. Ainsworth v. Roubal, 74 Neb. 723, 105 N.W. 248 (1905). Real ...... Nebraska ex rel. Rock County v. Sheldon, 53 Neb. 365, 73 N.W. 694 (1898). Municipality is required to levy tax to pay judgment for cost of utility plants in ... When real property is attached, upon the filing of the return by the sheriff the clerk shall file a Notice of Lien marked “Attachment Before Judgment on Real ... This situation might arise when the value of the prop- erty is greater than the amount due on the first levy, so that the surplus value can be gar- nished ... The court shall order a part of the property to be released, if after a hearing the court finds that the amount of the attachment is excessive or unreasonable ... The board may certify an addition to a levy in excess of the amounts otherwise permitted ... the funds are due, a description of the property condemned, and the ... 4 The proposed amendment as it passed the House contained no such provision, ... Due. Process Clause from arbitrary governmental actions''). 304 ''The word ... INDBXER'S PREFATORY NOTE. This index is, for the most part, the index of 1958 with additions and deletions as required to include the Acts of the 58th and ... (3) Proper release from the levy;. (4) Sheriff's deed; or. (5) Release or abandonment of the execution. 12-05. Real property abandoned by bankruptcy trustee.

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Nebraska Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached